Legal Definitions - vacancy

A vacancy refers to a situation where an official position, a job, or a piece of property is empty and available. It can describe the state of being unoccupied, the period during which it remains unoccupied, or the unoccupied item itself. In legal and administrative contexts, particularly for public offices, a vacancy typically means the position is truly unfilled and requires a new appointment or election, rather than just being temporarily covered by someone else. A position doesn't become legally vacant due to an incumbent's misconduct until that person is officially removed from office.

Here are some examples illustrating the concept of a vacancy:

• Example 1: Public Office

  When a state senator unexpectedly resigns from their elected position before their term is complete, their seat in the legislature becomes a vacancy. This means the office is now empty and legally requires a process, such as a special election or an appointment by the governor, to fill it with a new representative.

• Example 2: Rental Property

  After a family moves out of their rented house at the end of their lease agreement, the property becomes a vacancy. The landlord now has an unoccupied piece of property that is available for new tenants, and the time until a new tenant signs a lease and moves in is considered the vacancy period.

• Example 3: Corporate Position

  The Chief Operating Officer (COO) of a technology company announces their retirement. Once their last day of employment passes, the COO role becomes a vacancy within the company's executive team. The company will then begin a search to find a suitable candidate to fill this important, now-empty, post.